Generally speaking, the writ of error coram nobis is employed, in cases where there is no other remedy, for the purpose of reviewing, correcting, or vacating a judgment in the same court in which it was rendered, on account of errors of fact. These errors of fact must affect the validity and regularity of the proceedings, and were not put in issue at the trial, or were unknown at the time of the trial to the party seeking relief without fault on his or her part. Also, the remedy may be available if such facts were unknown to the trial court, were not passed on by it, and, if known, would have prevented rendition of the judgment.
The writ of error coram nobis is not often granted in civil cases, but it is still available in some courts to correct an error of fact which resulted in the judgment. The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela. A writ of audita querela is a writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such judgment.
In San Jose, California, an Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served is a legal document used to address situations where a defendant was not properly served with a summons or failed to appear in court, resulting in a default judgment being entered against them. This affidavit serves as a means for the defendant to request the court to set aside the default judgment based on this error. There are two main types of San Jose, California Affidavits in Support of Motion for Writ of Error Coral Obis regarding default and default judgments: 1. Affidavit in Support of Motion for Writ of Error Coral Obis: This type of affidavit is used when a defendant seeks to challenge a default judgment based on the grounds of lack of proper service or failure to receive a summons prior to the judgment. The defendant must provide detailed information about the lack of service or non-receipt of the summons, demonstrating that they were not aware of the legal proceedings and could not appear in court to defend their case. 2. Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default Judgment: In this type of affidavit, the defendant requests the court to set aside the default judgment against them due to the failure to appear in court. The defendant must explain valid reasons for their non-appearance, such as lack of notice or unforeseen circumstances preventing their attendance. They must also demonstrate why they have a viable defense to the claims made against them and should be given an opportunity to contest the case on its merits. Keywords: San Jose California, affidavit, motion, writ of error, coral obis, default, default judgment, defendant, not appear, not served, types.In San Jose, California, an Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served is a legal document used to address situations where a defendant was not properly served with a summons or failed to appear in court, resulting in a default judgment being entered against them. This affidavit serves as a means for the defendant to request the court to set aside the default judgment based on this error. There are two main types of San Jose, California Affidavits in Support of Motion for Writ of Error Coral Obis regarding default and default judgments: 1. Affidavit in Support of Motion for Writ of Error Coral Obis: This type of affidavit is used when a defendant seeks to challenge a default judgment based on the grounds of lack of proper service or failure to receive a summons prior to the judgment. The defendant must provide detailed information about the lack of service or non-receipt of the summons, demonstrating that they were not aware of the legal proceedings and could not appear in court to defend their case. 2. Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default Judgment: In this type of affidavit, the defendant requests the court to set aside the default judgment against them due to the failure to appear in court. The defendant must explain valid reasons for their non-appearance, such as lack of notice or unforeseen circumstances preventing their attendance. They must also demonstrate why they have a viable defense to the claims made against them and should be given an opportunity to contest the case on its merits. Keywords: San Jose California, affidavit, motion, writ of error, coral obis, default, default judgment, defendant, not appear, not served, types.
